R v Thapeli (C of A (CRI) 11 of 7) [2008] LSCA 14 (11 April 2008)

R v Thapeli (C of A (CRI) 11 of 7) [2008] LSCA 14 (11 April 2008)

The appellant and his co-accused acted with the intention to kill the deceased, or at least were reckless as to whether death would occur, as evidenced by the nature and extent of the assault. The conviction for murder was therefore correct.

Citation
[2008] LSCA 14
Parties
Appellant: Rex; Respondent: Mokoaleli Thapeli
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
11 April 2008
Case Number
C of A (CRI) 11 of 7
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; conviction for murder confirmed
Legal Topics
Murder, Culpable Homicide, Intention, Provocation, Self Defence
Source Language
English
Criminal Law Murder Culpable Homicide Intention Provocation Self Defence

Case Brief

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Parties

Rex

Appellant

Mokoaleli Thapeli

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was correctly convicted of murder rather than culpable homicide
  2. 2 Whether the appellant had the requisite intention to kill the deceased

Ratio Decidendi

The appellant and his co-accused acted with the intention to kill the deceased, or at least were reckless as to whether death would occur, as evidenced by the nature and extent of the assault. The conviction for murder was therefore correct.

Court Disposition

appeal dismissed; conviction for murder confirmed